South Africa Case Law

T.P.N v Road Accident Fund (11807/2017)

T.P.N v Road Accident Fund (11807/2017) [2024] ZAKZDHC 37 (11 June 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

11807/2017

Judge

Henriques

The court found that the minor suffered permanent and severe orthopaedic injuries, including a lifelong leg length discrepancy, extensive scarring, pain, and psychological effects. The defendant did not dispute the extent of injuries or future medical needs. Past awards for similar injuries were considered but not slavishly followed, as each case must be decided on its own facts. The absence of a plastic surgeon's report limited the assessment of possible remediation of scarring, but future surgeries would cause further pain. The court rejected the argument for separate awards for scarring an…

Source excerpt

• General Damages
• Personal Injury
• Orthopaedic Injury
• Costs Award
• Uniform Rules Of Court

M v Road Accident Fund (44393/2012)

M v Road Accident Fund (44393/2012) [2017] ZAGPPHC 247 (24 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

44393/2012

Judge

Makhubele

General damages were awarded to a pedestrian injured in a collision, after the court compared his wasted, fixed-flexion right leg to prior serious injury cases.

• General Damages
• Personal Injury
• Assessment Of Comparable Awards
• Orthopaedic Injury
• Loss Of Amenities
• Pain And Suffering

Ngema v Road Accident Fund (8051/06)

Ngema v Road Accident Fund (8051/06) [2009] ZAKZPHC 32 (31 July 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8051/06

Judge

K Pillay

The court rejected a claim that post-accident cognitive deficits were caused by a head injury, but awarded general damages for the plaintiff’s leg fracture and trauma.

• Road Accident Claim
• Quantum Of Damages
• Orthopaedic Injury
• Head Injury
• Curator Bonis Appointment
• Road-accident-fund